A.K. Mathur, J. - (1.) THIS is an appeal against the award of the Motor Accidents Claims Tribunal, Dungarpur, dated 12.4.1985 whereby the learned Tribunal has awarded a sum of Rs. 1,47,800/ - as compensation. Aggrieved against this, the Gujarat State Road Transport Corporation (hereinafter referred to as 'the Corporation') has preferred this appeal.
(2.) THE brief facts giving rise to this appeal are that on 26.10.1980 deceased Kurichand who was a ward boy in Bichiwara Hospital while going back on his cycle to village Sisod on the national highway Kherwara to Ratan -pur met with an accident. It is alleged that the deceased was going back to his home and was riding the cycle on the left side. At that time a bus of the Corporation bearing No. GRT 7473 which was being driven by Laxman Singh came rashly and negligently with an excessive speed and struck against the cyclist deceased Kurichand, as a result of this accident deceased received injuries on his head and fell unconscious. He was immediately removed to the Dungarpur Hospital and thereafter to Udaipur for treatment. But on 30.10.1980 he succumbed to the injuries caused in the accident. Deceased was aged 30 years and he had minor children. He was earning Rs. 500/ - per month and if he would have lived he would have earned Rs. 800/ - per month. Thus, his average income would have come to Rs. 650/ -. This claim petition was filed by the dependents of the deceased claiming a sum of Rs. 1,58,500/ - as compensation against the driver of the bus and the Corporation. The learned Tribunal after recording the necessary evidence came to the conclusion that the vehicle was driven rashly and negligently and assessed the income of the deceased as Rs. 550/ - - Out of that amount the dependency was found to be of Rs. 450/ - and a multiplier of 27 years was employed. Thus, the dependency was calculated at Rs. 1,45,800/ -and Rs. 1,500/ - for taxi charges and medicines and Rs. 500/ - for damage to the cycle. Thus, a sum of Rs. 1,47,800/ - was awarded by the Tribunal. The Tribunal also awarded interest at the rate of 6 per cent per annum and directed as to how the amount is to be distributed and deposited in the Scheduled Bank. Aggrieved against this the Corporation has filed the present appeal.
(3.) MR . Singhi, learned Counsel for the Appellant, submitted that as a matter of fact there was no negligence on the part of the driver of the Corporation. Learned Counsel also submitted that the amount of compensation awarded to the claimants is excessive.;